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Woman accused of assault with air freshener

Taylor Lambert
Northern News Services
Published Friday, August 27, 2010

SOMBA K'E/YELLOWKNIFE - The case of a Yellowknife woman accused of spraying her boyfriend in the face with air freshener took some unusual turns in territorial court on Aug. 19.

The woman was charged with assault with a weapon, and her boyfriend described how an argument over his bank account led to the alleged assault in their Yellowknife home.

The boyfriend, 28, came to Canada from Somalia 11 months ago and required the services of a Somali interpreter, who was flown up prosecutor Wendy Miller from Edmonton. Crown conceded that his testimony was "disjointed and confusing" due to the process of translating questions and answers.

The alleged incident occurred on the morning of Dec. 5, 2009. The accused's lawyer Jay Bran called just one witness: the woman's father. The father claimed his daughter's boyfriend was drinking on the morning in question and he had to separate the couple when they started fighting.

On two occasions during his testimony, the boyfriend spoke to Judge Christine Gagnon through his interpreter and appealed on his girlfriend's behalf.

"I want to tell the judge that I forgive her (his girlfriend), and I want the judge to forgive her," he said.

He added that is the nature of the justice system in his home country.

Gagnon kindly explained to him the nature of court proceedings in Canada and he was simply there to testify to the charge.

Gagnon adjourned the case to Sept. 14.

The woman and the boyfriend were apparently reconciled following the incident, as he testified they "had a good relationship" before and afterwards.

Miller said the proceedings were certainly a little unusual following the hearing.

"There may have been a language barrier with the interpreter," she said, adding her preparation for the case was not affected at all.

As to the boyfriend's pleas to the judge for forgiveness of the accused, Miller commented, "It's simply an instance of someone who is not that familiar with another country's court system.

"He showed respect for our justice system."

The interpreter, Ahmed Said Nalayeh, immigrated to Canada from Somalia 27 years ago and has served as an interpreter in a number of previous court cases across the country.

Courts administrator Jeff Round said interpreters who are flown up have their airfare and, if necessary, hotel costs covered by the government, as well as a per diem for meals.

For their services, according to legislation, certified interpreters are paid $40 per hour.

Round noted that most interpreters used in the NWT are for the Tlicho language, though experts in other world languages are brought in "a handful of times per year."

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